I move amendment No. 7:
In page 13, between lines 38 and 39, to insert the following subsection:
"(4) Orders made under section 44 of the Act of 1961 which were in force immediately before the commencement of this section shall continue in force and shall be deemed to be regulations under this section.".
The Minister already has the power to make orders under section 44 of the Industrial Research and Standards Act, 1961, to prohibit the manufacture, assembly or sale of a product unless it meets certain specifications of quality or safety. The Minister has exercised this power on about 18 occasions since 1961 and orders are in place providing for the safety of perambulators and pushchairs, furniture and even the minimum air circulation ducts in caravans. No provision was made when drafting the Bill to provide for the retention of these orders and that is what amendment No. 7 is designed to do.
Amendment No. 7 will also ensure that the definition of "sale", which has been interpreted under the 1961 Act to mean the final sale to the consumer, will be extended to cover the supply, offer to supply or the exhibiting of commodities with the intention of supplying that product to the consumer. This will enable the Director of Consumer Affairs to prosecute offences such as the display for sale to the public of furniture which does not have the statutory information attached to it indicating for example that they may not meet the flame retardant requirements of the Industrial Research and Standards (Domestic Furniture Fire Safety) Order of 1995, without purchasing such furniture.
